Pubdate: Thu, 13 Jun 2002 Source: New York Times (NY) Section: New York Region Copyright: 2002 The New York Times Company Contact: http://www.nytimes.com/ Details: http://www.mapinc.org/media/298 Author: James C. McKinley Jr. SENATE PASSES PATAKI'S DRUG LAWS BILL, FORCING TALKS WITH ASSEMBLY ALBANY - The Republican-led State Senate passed Gov. George E. Pataki's bill to revamp the state's harsh drug laws today, setting the stage for talks with the Assembly's Democratic majority on an emotional and divisive issue. By passing the governor's bill, the Senate Republicans staked out a position on changing the drug laws that differs in several small but important ways from a bill the Assembly passed last week. The Assembly Democrats said their incorporation of some of Mr. Pataki's ideas was as far as they could go toward meeting him halfway. It became clear today, however, that no drug law revision was likely to be enacted in the week that remains of this legislative session unless the governor sits down over the next week in private with the Assembly speaker and the Senate majority leader to resolve the differences. "I think it's time for the governor to do the next thing and take a bold step toward getting it accomplished, and that is to sit down and work it out," said Sheldon Silver, the Assembly speaker. At the heart of the debate is the question of how much leeway judges should have to divert addicted, low-level drug traffickers into treatment programs. District attorneys control those decisions now, and they have been fighting to keep that power. For his part, the governor has balanced his tough-on-crime reputation with a desire to appeal to black and Hispanic voters. His latest bill would still let district attorneys decide which defendants were diverted to drug treatment rather than trial, but it also would let defendants appeal a prosecutor's decision to a specially trained judge under certain conditions. In their bill, the Assembly Democrats have accepted that proposal, but they have given judges greater latitude to overrule prosecutors than the governor sought. They also want all criminal court judges to be trained to evaluate drug addicts. The governor's bill would eliminate the possibility of a life sentence for the top two classes of drug offenders - known as A1 and A2 felons - and would reduce the minimum mandatory sentences for most other drug offenses. The sentencing structure would be changed to allow judges to fix the amount of time a defendant would serve within a range, with no possibility of parole. The Republican bill would also stiffen penalties for drug traffickers who carry guns, sell drugs in public parks or over the Internet, employ minors or lead organizations of three or more people. Fewer defendants would be eligible for medical treatment under Mr. Pataki's bill than under the Assembly bill. Both bills exclude from treatment anyone convicted of a violent crime in the past or of selling drugs on school grounds. Anyone convicted of A1 or A2 felonies would be disqualified from treatment under both bills. The governor would also disqualify anyone with more than one prior conviction, anyone who sells drugs in a public park and anyone convicted of a variety of violent misdemeanors, like punching someone. The governor's bill would force a defendant to meet a number of difficult legal tests before a judge could overrule a prosecutor's decision. For instance, a social worker would have to affirm that the defendant was an addict, and the defendant must prove by "clear and convincing evidence" that he or she deserves medical rehabilitation. In addition, the defendant would have to plead guilty before being eligible to receive treatment. A Queens Democrat, Assemblyman Jeffrion L. Aubry, said the Republicans "don't trust judges" because they presume they are "liberals out of New York City who they think will not be giving appropriate sentences." Chauncey G. Parker, the governor's director of criminal justice services and the bill's author, said the governor's intent was to separate harmless addicts who sell drugs to support a habit from hard-core dealers and violent criminals who happen to be drug users. Mr. Parker said about 2,800 of the 6,600 people incarcerated for drug crimes last year would have been eligible to ask a judge to overturn the prosecutor's decision not to let them go to a treatment clinic. (Prosecutors sent about 2,400 people into treatment last year.) Under current law, a first-time offender arrested carrying four ounces of cocaine, or two ounces with intent to sell, can be charged with an A1 felony, with a sentence of 15 years to life. The governor's bill provides for a sentence of 10 to 20 years in such a case, with time off for good behavior. Neither bill would touch the fundamental structure of the law that liberal advocates for prisoners maintain has created many injustices. The state would still have mandatory sentences and charges based on the weight of drugs involved rather than the role of the defendant. - --- MAP posted-by: Beth